|
19-3B-603
Section 19-3B-603 Settlor's powers; powers of withdrawal. (a) While a trust is revocable, rights
of the beneficiaries are subject to the control of, and the duties of the trustee are owed
exclusively to, the settlor. (b) During the period the power may be exercised, the holder
of a power of withdrawal has the rights of a settlor of a revocable trust under this section
to the extent of the property subject to the power. (Act 2006-216, p. 314, ยง1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-603.htm - 769 bytes - Match Info - Similar pages
19-3B-505
must be presented. If the person fails to present the claim in writing within 90 days from
the date of the notice, then the person shall be forever barred from asserting or recovering
on the claim from the trustee, the trust property and the creditors and beneficiaries of the
trust. Any person who presents a claim on or before the date specified in the notice may not
later increase the claim following the expiration of the 90-day period. (3) If a claim is
not presented in writing to the personal representative of the settlor's estate or
to the trustee (i) within six months from the date of the appointment of the initial personal
representative of the settlor's estate, or (ii) if no personal representative is appointed
within six months from the settlor's date of death and a claim is not presented in writing
to the trustee within six months from the settlor's date of death, then no trustee shall be
chargeable for any assets that the trustee may pay or distribute in good faith in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-505.htm - 4K - Match Info - Similar pages
19-3B-103
which is exercisable by another person only upon consent of the trustee or a person holding
an adverse interest. (12) PRESUMPTIVE REMAINDER BENEFICIARY means a person who would be entitled
to the principal of a trust if the income interest were immediately terminated, and if a trust
contains a power of appointment, then the holder of such power of appointment shall also be
a presumptive remainder beneficiary. (13) PROPERTY means anything that may be the subject
of ownership, whether real or personal, legal or equitable, or any interest therein.
Property includes choses in action, claims, and interests created by beneficiary designation
under policies of insurance, financial instruments and deferred compensation and other retirement
arrangements, whether revocable or irrevocable. (14) QUALIFIED BENEFICIARY means a living
beneficiary who, on the date the beneficiary's qualification is determined: (A) is a distributee
or permissible distributee of trust income or principal; (B) would be a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-103.htm - 5K - Match Info - Similar pages
19-3B-201
Section 19-3B-201 Role of court in administration of trust. (a) The court may intervene in
the administration of a trust to the extent its jurisdiction is invoked by an interested person
or as provided by law. (b) A trust is not subject to continuing judicial supervision unless
ordered by the court. (c) A judicial proceeding involving a trust may relate to any matter
involving the trust's administration, including a request for instructions and an action to
declare rights. (d) A judicial proceeding involving a trust may relate to any matter involving
the trust's administration, including, but not being limited to a proceeding to: (1) request
instructions; (2) determine the existence or nonexistence of any immunity, power, privilege,
duty or right; (3) approve a nonjudicial settlement; (4) interpret or construe the terms of
the trust; (5) determine the validity of a trust or of any of its terms; (6) approve a trustee's
report or accounting or compel a trustee to report or account; (7)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-201.htm - 2K - Match Info - Similar pages
38-9B-6
Section 38-9B-6 Rights and interests of life beneficiaries and contributors. (a) No life beneficiary
shall have any vested or property rights or interests in the AFT Trust, nor shall any life
beneficiary have the power to anticipate, assign, convey, alienate, or otherwise encumber
any interest in the income or principal of the AFT Trust nor shall the income or principal
be or any interest of any life beneficiary thereunder be liable for any debt incurred by the
life beneficiary, nor shall the principal or income of the AFT Trust Fund be subject to seizure
by any creditor of any life beneficiary under any writ or proceeding in law or in equity.
(b) Except for the right of a contributor who is not and whose spouse is not a life beneficiary
to revoke any contribution made to the AFT Trust, pursuant to subdivision (5) of subsection
(c) of Section 38-9B-5, neither the settlor, contributor, nor any acting co-trustee has the
right to sell, assign, convey, alienate, or otherwise encumber, for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9B-6.htm - 1K - Match Info - Similar pages
19-3D-2
Section 19-3D-2 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. DEFINITIONS. In this
chapter the following terms have the following meanings: (1) APPOINTIVE PROPERTY. The property
or property interest subject to a power of appointment. (2) ASCERTAINABLE STANDARD. A standard
relating to an individual's health, education, support, or maintenance within the meaning
of 26 U.S.C. Section 2041(b)(1)(A), as amended, or 26 U.S.C. Section 2514(c)(1), as amended,
and any applicable regulations. (3) AUTHORIZED FIDUCIARY. (A) A trustee or other fiduciary,
other than a settlor, that has the discretion to distribute or direct a trustee to distribute
part or all of the principal of the first trust to one or more current beneficiaries; (B)
a special fiduciary appointed under Section 19-3D-9; or (C) a special-needs fiduciary under
Section 19-3D-13. (4) BENEFICIARY. A person that: (A) has a present or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3D-2.htm - 7K - Match Info - Similar pages
19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject additions
to the trust property from a settlor or any other person, including, but not being limited
to, the authority to receive, collect, hold, and retain common or preferred stock or other
interests in the trustee or any related party; (2) acquire or sell property, for cash or on
credit, at public or private sale; (3) exchange, partition, or otherwise change the character
of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-816.htm - 10K - Match Info - Similar pages
26-2A-136
over the estate and business affairs which the person could exercise if present and not under
disability, except the power to make a will. Subject to subsection (c), those powers include,
but are not limited to, power to make gifts; to convey or release contingent and expectant
interests in property, including marital property rights and any right of survivorship incident
to joint tenancy or tenancy by the entirety; to exercise or release powers held by the protected
person as trustee, personal representative, custodian for minors, conservator, or donee
of a power of appointment; to enter into contracts; to create revocable or irrevocable trusts
of property of the estate which may extend beyond the disability or life of the protected
person; to exercise options of the protected person to purchase securities or other property;
to exercise rights to elect options and change beneficiaries under insurance and annuity policies
and to surrender the policies for their cash value; to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-136.htm - 3K - Match Info - Similar pages
33-18-1
of the ACT Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACT Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACT Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACT Basin among the States of Alabama and
Georgia; and (13) To perform all functions required of it by this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-18-1.htm - 33K - Match Info - Similar pages
33-19-1
of the ACF Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACF Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACF Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACF Basin among the States of Alabama,
Florida and Georgia; and (13) To perform all functions required of it by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-19-1.htm - 33K - Match Info - Similar pages
|